BarkingUnicorn:The victim isn't a party to this nonsense, just a spectator. The defenseattorney is crazy. He refused to request that the case be dismissed, the usual & sensible way to dispose of such things. He wants to leave it in limbo, unfinished and off the calendar. You just can't do that.

The courts don't operate in a cultural vacuum. The only reason we hear the victim's view is because, for the writer and the average reader of that article, the need for "closure" is regarded as a perfectly reasonable counter-point to idea that it's kind of silly to be sentencing a dead man. In some other context, I have to believe that the case would have been quickly and quietly disposed of without the option of sentencing ever being entertained -- simply to avoid public ridicule.

As to the second point: not a lawyer, so I'll defer to others more knowledgeable. However, this quote:

"The only reason he is not here is because he volunteered to take his own life," Shabet said.

...suggests to me that what the defense is suggesting is not "crazy" at all. That's a pretty narrow rationale for denying the request. What's crazy (at least to us lay folk) is that the court should give any shiat whatsoever whether the guy died by suicide vs. being hit by a truck.

BarkingUnicorn:Gyrfalcon: You can't only blame this one on the judge and a crazy legal system.

But the victim of the crime, who was at Friday's hearing, said Orban's sentencing means a lot to her."I'm a little disappointed that it got postponed again," she said after the hearing. "I really just want it to be over. "

I am not about to excoriate someone who had something this bad happen to her. But honey, it IS over. YOU are the one who cannot let the man's DEATH make it be over.

The victim isn't a party to this nonsense, just a spectator. The defenseattorney is crazy. He refused to request that the case be dismissed, the usual & sensible way to dispose of such things. He wants to leave it in limbo, unfinished and off the calendar. You just can't do that.

Theaetetus:Gyrfalcon: You can't only blame this one on the judge and a crazy legal system.

But the victim of the crime, who was at Friday's hearing, said Orban's sentencing means a lot to her."I'm a little disappointed that it got postponed again," she said after the hearing. "I really just want it to be over. "

I am not about to excoriate someone who had something this bad happen to her. But honey, it IS over. YOU are the one who cannot let the man's DEATH make it be over. YOU are the one who needs to hear the judge say "The defendant is sentenced to the statutory maximum of 25 years to life, which makes no difference in this case because he's already in the ground."

"The defendant is also sentenced to pay $100k in restitution and compensatory damages for the victim's medical bills, psychological counseling, and pain and suffering. Since he's in the ground, his estate and pension are attached."

He may have forfeited his pension by being found guilty of a felony. Then what would they do?

lasercannon:jshine: lasercannon: I hope that the sentence wil be that the victim can do whatever she wants with the rapist's body like cutting off his head and sticking it on a pike, cutting off his balls and penis then sticking them in his mouth, toss him into a sewage reclamation facility or use his skull as an ashtray.

It sounds like someone has attended one too many Renaissance Faires.

/ the middle ages ended a while back

Sometimes the old ways are the best ways. Now if you excuse me I need to go accuse my neighbor of witchcraft and burn her at the stake.

Gyrfalcon:Theaetetus: Gyrfalcon: You can't only blame this one on the judge and a crazy legal system.

But the victim of the crime, who was at Friday's hearing, said Orban's sentencing means a lot to her."I'm a little disappointed that it got postponed again," she said after the hearing. "I really just want it to be over. "

I am not about to excoriate someone who had something this bad happen to her. But honey, it IS over. YOU are the one who cannot let the man's DEATH make it be over. YOU are the one who needs to hear the judge say "The defendant is sentenced to the statutory maximum of 25 years to life, which makes no difference in this case because he's already in the ground."

"The defendant is also sentenced to pay $100k in restitution and compensatory damages for the victim's medical bills, psychological counseling, and pain and suffering. Since he's in the ground, his estate and pension are attached."

He may have forfeited his pension by being found guilty of a felony. Then what would they do?

Depends on who 'they' is.

They (the victim) would receive 100k, if possible, from the remaining portion of the estate.They (the criminal's family) would pay 100k, if possible, from the remaining portion of the estate.They (the judge) would move on to another case.They (the prosecutor) would move on to another case .They (the defense attorney) would move on to another case.They (the criminal) would continue to rot.

NickelP:PartTimeBuddha: NutWrench: Sentencing happens after conviction, right? What's the point of deciding what kind of punishment is appropriate for a dead person?

So the system works as best it can for the victim. Closure. I can see that.

But here's another question which is baking my noodle somewhat: what is the point of a defence lawyer turning up at a sentencing hearing to represent a dead man?

Billable hours? He prob figured he can get a few more hearings out of a dead guy. Best client ever.

Not to mention he gets a free pass to research the claim until the summer. From now on the time spent banging the paralegal is just going to get billed to this guys estate. Iirc attorney fees always come out of the estate before anything else.

DarkVader:Which is why I'm really confused that the defense attorney doesn't want to move for a dismissal. I would think a dismissal even at this stage would be as good as never having been convicted for pension purposes.

Maybe not. In Alabama, sanctions kick in once you're convicted. For example, if you're an elected official you're considered removed from office immediately upon conviction. Literally from the moment the jury says guilty, you're out. Same thing for public employees convicted of a crime related to their public position. Once convicted, the pension is gone no matter how long sentencing takes.

Totally guessing, but I bet since the verdict's been rendered, the defense needs to get sentencing done so they can initiate an appeal. If Cali's got a pension law like Alabama (you lose it if convicted of a felony related to your position), they've got to get the initial conviction tossed to get the survivor's benefits.